Exemptions

Curtis Bolton made this Freedom of Information request to West Midlands Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear West Midlands Police,

1) Are 'Speed Enforcement Vans[ (As such BX14 FHJ) operated by a Police Officer or a member of Police Staff? If neither, who operates them?
2) What legal exemptions do they have and if they are claiming exemptions from a police officer, which Police Officer do they have direct instruction from?
3) What is the legalities of such said vehicle driving on a footpath, who causes significant obstruction to the footpath, causing pedestrians nearer to a 40MPH No-stopping clearway.
4) Does someone who is operating from the rear of a vehicle have to display an amber-flashing light?

Yours faithfully,

Curtis Bolton

Freedom of Information,

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Freedom of Information,

4 Attachments

Dear Mr Boulton

 

FOI Request Reference: 11300/19

 

Thank you for your request for information, received 26/06/2019

 

REQUEST

1) Are 'Speed Enforcement Vans[ (As such BX14 FHJ) operated by a Police
Officer or a member of Police Staff? If neither, who operates them?

2) What legal exemptions do they have and if they are claiming exemptions
from a police officer, which Police Officer do they have direct
instruction from?

3) What is the legalities of such said vehicle driving on a footpath, who
causes significant obstruction to the footpath, causing pedestrians nearer
to a 40MPH No-stopping clearway.

4) Does someone who is operating from the rear of a vehicle have to
display an amber-flashing light?

 

CLARIFICATION REQUIRED

Please be advised that your request is currently not clear, and in order
to be able to respond to your request I require further information from
you. Please could you clarify the following:

 

o In relation to question 2, what do you mean by

`What legal exemptions do they have` i.e what legal exemptions are you
referring to, and exemptions from what?.

o In relation to question 3, what do you mean by

`What is the legalities of such said vehicle driving on a footpath` i.e.
what legalities are you referring to?.

o In relation to question 3, what do you mean by

` causing pedestrians nearer to a 40MPH No-stopping clearway.` i.e. What
do you mean by causing pedestrians nearer to a 40MPH no-stopping clearway

o In relation to question 4, what do you mean by

`have to display an amber-flashing light` i.e. What type of amber flashing
light are you referring to, and have to display it for what purpose/s?

 

 

To enable us to proceed with your request I would be grateful if you could
provide the clarification outlined above within 40 working days of this
correspondence. After receiving your reply, your request will be
considered and you will receive a response within the statutory timescale
of 20 working days, as defined by the Act, subject to the application of
any statutory exemptions. If you choose not to respond then your request
will be closed.

 

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please follow the appropriate procedure:

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ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[2]http://foi.west-midlands.police.uk/

 

If you need any further information please contact me.

 

Yours sincerely,

 

Mrs R Williams

 

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

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Midlands Police. All West Midlands Police email activity is monitored for
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Dear Freedom of Information,

Your clarifications as follows:

2: What exemptions does the vehicle registration and the staff working on it have in regards to any laws and legislation set out surrounding the highways of the U.K., for example the Road Traffic Act or the Roads Vehicles Lighting Regulations of 1989.

3: That is what I am asking, in law it states that a request must be filled to obstruct, divert or close a footpath for the means of working and/or the safety of operatives, does the vehicle in question or similar vehicles have an exemption to park on a public right of way (a foot path in this case) causing a significant obstruction on a road that is a non stopping clear way displaying relevant signage? As a result of the vehicles parking in this instance, it caused pedestrians using the public right of way (a foot path) to have to walk near / on the edge of a public right of way (a foot path) near oncoming traffic.

4) I refer to any amber light, such as a beacon, hazards or any object that portrays an omission amber light between the rate of 60 to 240 a minute at a constant interval to warn the public there is an operative working from the rear of a vehicle.

If you requinfurther clarification, I will try my best however I believe this to be the best clarification I can give currently.

Yours sincerely,

Curtis Bolton

Freedom of Information,

4 Attachments

Dear Mr Boulton

 

FOI Request Reference: 011300/19

 

Thank you for your request for information, received 26/06/2019

 

1) Are 'Speed Enforcement Vans [ (As such BX14 FHJ) operated by a Police 
Officer or a member of Police Staff? If neither, who operates them?

 

RESPONSE

They are operated by a police staff member

 

2) What legal exemptions do they have and if they are claiming
exemptions from a police officer, which Police Officer do they have direct
instruction from?

(Clarified as - What exemptions does the vehicle registration and the
staff working on it have in regards to any laws and legislation set out
surrounding the highways of the U.K., for example the Road Traffic Act or
the Roads Vehicles Lighting Regulations of 1989.)

 

RESPONSE

If this refers to parking in certain situations please see below.

 

3) What is the legalities of such said vehicle driving on a footpath, who
causes significant obstruction to the footpath, causing pedestrians
nearer  to a 40MPH No-stopping clearway.

(Clarified as - in law it states that a request must be filled to
obstruct, divert or close a footpath for the means of working and/or the
safety of operatives, does the vehicle in question or similar vehicles
have an exemption to park on a public right of way (a foot path in this
case) causing a significant obstruction on a road that is a non stopping
clear way displaying relevant signage? As a result of the vehicles parking
in this instance, it caused pedestrians using the public right of way (a
foot path) to have to walk near / on the edge of a public right of way (a
foot path) near oncoming traffic.)

 

RESPONSE

Parking on footpaths can be agreed with the local authority of that area.

 

4) Does someone who is operating from the rear of a vehicle have
to display an amber-flashing light?

(Clarified as - I refer to any amber light, such as a beacon, hazards or
any object that portrays an omission amber light between the rate of 60 to
240 a minute at a constant interval to warn the public there is an
operative working from the rear of a vehicle).

 

RESPONSE

The only time the force displays an amber light is if the van is being
used for Traffic Data Surveys

 

As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

Mrs R Williams

 

 

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

[3]If it’s not 999, search WMP Online

[4]twitter icon [5]Instagram Icon [6]YouTube Icon [7]Facebook icon

[8]View all our social network links

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. website
https://www.west-midlands.police.uk/
4. http://www.twitter.com/wmpolice
5. http://www.instagram.com/westmidlandspol...
6. http://www.youtube.com/westmidlandspolice
7. http://www.facebook.com/westmidlandspolice
8. Social Networks
https://www.west-midlands.police.uk/cont...